What are the requirements for establishing "adverse possession" in Utah?

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The correct answer outlines the necessary criteria for establishing "adverse possession" in Utah, which include actual possession, open and notorious use, exclusive and continuous use, for a statutory period of 7 years.

"Actual possession" refers to physically using or occupying the property in a manner that demonstrates control over it. "Open and notorious use" means that the use of the property is visible and apparent to anyone, ensuring that it is not secretive. This is crucial because it puts the true owner on notice that someone else claims rights to the property.

"Exclusive use" indicates that the possessor is using the property without sharing it with others, including the true owner. "Continuous use" signifies that the possessor maintains consistent use of the property throughout the required statutory period, without significant interruption.

The statutory period of 7 years in Utah is particularly significant, as this duration establishes a timeline within which these possession requirements must be met in order for the possessor to claim legal ownership of the land through adverse possession.

In summary, the combination of these elements—actual, open, notorious, exclusive, and continuous possession over a statutory period of 7 years—forms the foundation of establishing a successful claim of adverse possession in Utah law.

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